NEW JERSEY REGISTER
VOLUME 36, NUMBER 2TUESDAY, JANUARY 20, 2004
PUBLIC NOTICE
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NOTICE OF RECEIPT OF PETITION FOR RULEMAKING
STATE BOARD OF CHIROPRACTIC EXAMINERS

Take notice that on November 14, 2003, Dr. Aldo R. Scopelliti
requested that the State Board of Chiropractic Examiners (the Board)
amend N.J.A.C. 13:44E- 1.1 to delete the phrase "invasive
electromyography (EMG)" from the scope of practice list of diagnostic
and analytical procedures that a chiropractor may order but not
perform. In addition, the petitioner requests that N.J.A.C. 13:44E-3.2
be amended to include the following to the list of diagnostic tests for
which a chiropractic physician may bill: "Needle insertion EMG provided
that the licensee is a diplomat in Neurology, or has completed a
curriculum of study in electrodiagnosis that includes 'needle insertion
EMG' given by an accredited college, or other institution or course,
approved by the board." The petitioner asserts that the 1998 ban on
chiropractic physicians performing needle EMG testing was arbitrary,
capricious, and without any medical or scientific basis. Furthermore,
the petitioner submits that its constituent members, who are all
licensed chiropractic physicians in the State of New Jersey, have been
and will in the future: (1) suffer professional discrimination by the
unwarranted ban on needle EMG testing which is within the scope of
their licensure and education; (2) be economically harmed by the
regulation in its present status in the form of lost patients and/or
inability to perform medically necessary testing within the scope of
their education and licensure; and (3) suffer a break in the continuity
of care, patient relations, and overall medical management of patients
must be referred to other medical providers for needle EMG testing
consultations. The petitioner offered the above-specified changes to
the regulations to alleviate these concerns.

In accordance with N.J.A.C. 1:30-4.2, the Board shall subsequently
mail to the petitioner and file with the Office of Administrative Law a
notice of action on the petition.